corruption act.ppt
TRANSCRIPT
7/27/2019 Corruption Act.ppt
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CORRUPTION - ill effects
undermines investment and economic growth
decreases the resources available for humandevelopment goals
deepens the extent of poverty
subverts the judicial system, and underminesthe legitimacy of the state
it can devastate the entire economic, political,and social fabric of a country
urgent need to create a zero tolerance for corruption
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CONDUCT RULES
Government servant is expected
to
maintain absolute integrity
show devotion to duty
not exhibit conduct unbecoming
of a Government servant
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Objectives
to launch a systematic campaign
against corruption by involving all
members of an organization infighting this social evil
to educate them about the dangers
of corruption and sensitise them
about the evil consequences of
corruption
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Prevention of Corruption Act,
1988 - (the ACT) Definition
Legislativeframework to fight
corruption
Allied Acts applied in
the PCA, 1988
use of publ ic of f ice
for p rivate gain
Prevent ion of Corrupt ion Act ,
1988
Ind ian Penal Code
(IPC), and Crim inal
Law (Amendment)
Ac t, 1952
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Criminal Misconduct
when the publ ic servant
misappropriates the property entrusted to him
obtains a valuable thing by abusing his officialposition
is in possession of disproportionate assets to theknown sources of his income
abuses office
obtains a valuable thing or pecuniary advantageby corrupt or illegal means or by abusing hisofficial authority
he commits a criminal misconduct
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The ACT
Date of effect
Appl icabi l i ty
The Act received the
consent of the President
of India on September
9, 1988(Ac t, No, 49 of 1988) and came into
force on that date
whole of India except the
State of Jammu andKashmir and it is applies
also to all citizens of
India outside India
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The ACT
–
Salient Features Essential feature of this Act
it makes it obligatory for the Court to make
certain p resumpt ions of guilt against theaccused
radical departure from the normal rule under
which the prosecution is required to prove ‘beyond doubt’ all the ingredients of an
offence
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The ACT
consists of 31 sect ions covering differentauthorities, offences and the punishments
The Act is divided into f ive Chapters
Chapter I - extent and definitions
Chapter II – appointment of special judges, procedure and powers
Chapter III –
actions amounting to offence and relative penalties
Chapter IV – investigation authorities and their powers
Chapter V – sanction of prosecution and misc.
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Chapter I
Section 1 - gives extent of the ACT
Section 2 – defines terms like public
servant, Government, etc. term ‘public servant’ as contained in section 21 of
IPC has been enlarged to include a large number of employees within the ambit of definition by incorporating sections 2(c)(iii) and 2(c)(ix) covering employees of Nationalised Banks and office bearers of Co-operative societies of the Central and State
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Chapter II
Sect ion 3
empowers Central Government and
State Government to appoin t Special Judges to try the following offences
offence punishable under this Act
any conspiracy to commit or anyattempt to commit offences specified inabove
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Chapter II
Sect ion 4
specifies the ju r isd ic t ion o f the spec ial
Judges appointed in sec 3 offences described in sec 3 are to be
tried by Special Judges
Special Judge also has powers to try anyoffence, other than an offence specifiedin sec 3
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Chapter II
Sect ion 5
describes the procedure to be followed andthe powers of Special Judge
Special judge can take cognizance of offences without the
accused being committed to him
may tender a pardon to such person who
makes a true disclosure of the wholecircumstances relating to the offence
Provisions of CrPC shall apply to theproceedings before the Special Judge
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Chapter II
Sect ion 6
authorises Special Judge to conduct a trial in asummary manner, in cases where violation of
section 12-A(1) of Essential Commodities Act,1955
and pass upon any person a sentence of imprisonment for a term not exceeding one
year convicted person will not have any right toappeal against such summary trial if the termof imprisonment does not exceed one month
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Chapter III - Sect ion 7 If a publ ic servant is charged w ith
Accept ing any g rat i f icat ion other than
legal remunerat ion in respect o f an
o ff ic ial act, as a motive or reward for doing
any official act or showing any favour or
disfavour to any person in official function
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Chapter III - section 8
If a pub l ic servant is charged w ith
Accept ing or at tempt ing to
obtain any grati ficat ion by corrupt o r i l legal means, to do any officialact
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Chapter III - Section 9
If a pub l ic servant is charged w ith
Accept ing or at tempt ing to ob tain
any grat i ficat ion for exercise of
personal inf luence wi th pub l ic
servant , to do any official act
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Chapter III
If any publ ic servant
Section 10 - abets the o ffences
def ined in sec 8 & 9 Section 11 - ob tains valuable thing,
w i thou t cons iderat ion form person
concerned in pro ceeding o r bus iness transacted by such publ ic servant
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Chapter III - Section 12 Punishment for abetment of c r im inal
of fences def ined in sec 7 & 11
Public servant shall be punishable with
imprisonment which shall not be less thansix months but which may extend to fiveyears and shall also be liable to fine
It would be seen that a minimum sentence of sixmonths has been made mandatory and fine is no moreoptional before the Courts
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Chapter III
Crim inal m isconduct defined -contd. Section 13 - act ions which can be
described as cr iminal m isconduct
if the public servant
habitual defaulter under section 7
under section 11
dishonestly or fraudulently misappropriatesany property entrusted to him or under hiscontrol as public servant or allows any other person to do so
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Chapter III
obtains for himself or for any other person any valuable thing or pecuniary advantage
by corrupt or illegal means, or
by abusing his position
possesses pecuniary resources or property disproportionate to his known sources of income
Punishment
criminal misconduct shall be punishable withimprisonment for a term which shall be not lessthat one year but which may extend to sevenyears and shall also be liable to fine
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Chapter III - Section 15 Any at tempt to comm it an o f fence
referred in sect ion 13
punishable with imprisonment for a term
which shall be not less that two years but which may extend to seven years and
shall also be liable to fine
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Chapter III - Section 14 Habi tual comm itt ing of c r iminal
o ffence under sect ion 8, 9 and 12
punishable with imprisonment for a term
which may extend to three years and
shall also be liable to fine
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Chapter III - Section 16 Where a sentence of fine is imposed
under section 13 or 14, the court shalltake into consideration the amount or
the value of the property which the
accused has obtained by committingthe offence
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Chapter IV
Sect ion 17 offence punishable under the PC Act can be
investigated by a police officer not below the rankof
an Inspector of Police - Metropolitan areas a DSP or a police officer of equivalent rank -elsewhere
Sect ion 18 a Police Officer empowered to investigate under
section 17 can even inspect any bankers’ booksin so far as they relate to the accounts of theperson suspected to have committed that offence
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Chapter V
Section 19
before taking cognizance of an o ffence
pun ishable under sections 7, 10, 11, 13
and 15 alleged to have been committed by
a public servant, court shall obtain pr ior
sanc t ion o f the autho r i ty competent to remove the publ ic servant from of f ice
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Chapter V
Section 20
deem ing f ic t ions in regard to the
of fences comm itted under sect ion 7 or 11 or 12, 13 (1) (a) or (b ) o r 14 (b )
it shall be presumed that the public
servant accepted or obtained thegratification, unless the contrary is
proved
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Chapter V
Section 21 defines the accused pub l ic servant as a competent
wi tness to d isprov e the charges made against him . Hecan give evidence on oath to defend himself
Section 22
describes appl icat ion of CrPC, 1973 in respect o f
Sect ions 243(1), 309(2), 317(2) and 397(1), to th e
proceedings under „the Act‟ with certain modifications
Section 23
deem ing f ict ion and enjoins upon the autho r i ty under „the Act‟ to deem the public servant accused of theo ffence U/S 13(1) (c), i.e. in charge of property withoutspecifying particulars
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Chapter V
Sect ion 24
grants immun i ty to the br ibe giver f rom prosecut ion pro ceeding s U/S 12
Sect ion 25 PC Act not interfere with the procedure
applicable to Military, Naval and Air Force Acts
Sect ion 26
Special Judges appointed under Crim inal Law Amendment Act , 1952 shall be deemed as Special Judge
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Chapter V
Section 27
Authorises High Court to exercise allpowers of appeal and revision conferred by
the Cr.CP as if the Court of the Special
Judge were a Court of Session trying caseswithin the local limits of the High Court
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Chapter V
Section 28
nothing contained in „the Act‟ shall
exempt any public servant from any
proceeding which might be instituted
against him
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Chapter V
Sect ion 29
lists various amendments/ substitutions/insertions, in respect of authorities, time limit,
Schedules, Paragraphs etc., in the Criminal Law Amendment Ordinance, 1944
Sect ion 30
repeal and saving
Sect ion 31 allows application of section 6 of the General
Clauses Act, 1897 in place of sections which hadbeen repealed
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PC ACT - Synopsis
a comprehensive statute incorporating alloffences of corruption, laying downspecial rules of procedures to combatcorruption, arming the investigating
agencies with sufficient powers anddenying dilatory tactics by the accusedpersons
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VIGILANCE MATTERS
vis-à-vis Conduct Rules
Misconduct
not capable of precise definition, its
reflections receive its connotations fromthe context
Its ambit has to be construed withreference to the subject-matter and the
context wherein the term occurs, regardbeing had to the scope of the statute andthe public purpose it seeks to serve
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“Prevention is better than cure” inthe context of Vigilance matters In general parlance Vigilance means
“Punitive Vigilance” which is in thenature of conducting a „Postmortem‟
act of omission or commission is detectedand acted upon long after loss & damageto the Organisation has already resulted
taking timely steps would prevent wrongdecision making or other acts of omissionor commission
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VIGILANCE
– Related Concepts -Contd.
“Preventive Vigilance”
stratagem of taking precautionary step inadvance
“Prevention”
Ending, Controlling, Stopping, Barring, Checking,Blocking, Curbing, Halting. Similarly, the term
“Vigilance” Planning, Wisdom, Caution, Insight, Judgement,
Awareness, Preparation, Precaution, Prudence, Alertness, Farsightedness and Watchfulness.
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VIGILANCE
– Related Concepts -Contd.
moot point of Conduct Rules is to go for Preventive Vigilance so that allGovernment servants maintain certainstandards of discipline and decorum
To be fore-warned is to be fo re-armed -
each one of us a Sentinel of Vigilance
accept the slogan of „ParticipativeVigilance‟ for plugging any loopholes
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VIGILANCE
– Related Concepts -Contd.
Integr i ty at the highest level
to restrain from getting swamped by the current
trend towards“Materialism/ Consumerism”
System improvement
settlement of Medical claims, Payment of
Loans, Advances etc., to the employees
become possible within the shortest possibletime frame
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VIGILANCE
– Related Concepts -Contd.
Decis ion making - Avoid delays
decision making should be pragmatic and fastand as per Rules and Procedure
Co-operat ion w ith vigi lance act iv i t ies Conduct Rules - onus has been cast upon the
employees either to inform about a particular transaction or in some cases to obtain prior-
permission thereabout resist all temptations to make any “wrong
claims” whether they are medical, LTC or TA/DA
VIGILANCE
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VIGILANCE
– Permission under Conduct
Rules -Contd.
Act iv i t ies Requir ing Prior
Perm ission / Sanc t ion o f the
authori t ies emphasis on „Preventive Vigilance‟
Relevant Conduct Rules – 3, 5, 8, 9, 10,
12, 13, 14, 15, 18, 18-A and 19 Relevant Pension Rules – 10(1)
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 3 - every Government servant at all times to
maintain absolute integrity;
maintain devotion to duty; and do nothing which is unbecoming of a
Government servant
Rule 5 - Taking part in politics and elections
No Government servant shall be a member,
or be otherwise associated with, any political
party
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.Rule 8
no Government servant, except with the previous sanctionof the Government, is permitted to own wholly or in part or conduct or participate in the editing or management of,
any newspaper or other periodical publications or electronic media
Rule 9
no Government servant shall, in any radio broadcast,telecast through any electronic media or in any documentmake any statement of fact on opinion criticising anycurrent or recent policy of the Central or StateGovernment
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 10
prohibits a Government servant from givingevidence in connection with any inquiry
conducted by any person, committee or authority
Rule 12
No Government servant shall except with the
previous sanction of the Government or of theprescribed authority, ask for or acceptcontributions to, or otherwise associate himself with the raising of any funds
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 13
Except as provided in the Conduct Rules, no
Government servant shall accept, or permit anymember of his family or any other person acting
on his behalf to accept, any gift
Rule 14
No Government servant shall, except with theprevious sanction of the Government, receive any
complimentary or valedictory address held in his
honour
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 15
No Government servant shall, except with the
previous sanction of the Government engage directly or indirectly in any trade or
business
Rule 18
Every Government servant to submit a return of
his assets and liabilities, immovable property,
shares, debentures and cash, movable property;
owned, acquired or held by him
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 18
No Government servant shall accept without the
previous knowledge of the prescribed authorityacquire or dispose off any immovable property
Ru le 18-A
No Government servant shall, except with
previous sanction of the prescribedauthority,acquire, dispose of, or enter into any
transaction in respect of any immovable
property situated outside India
VIGILANCE
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VIGILANCE
– Permission under Conduct Rules
-Contd.
Rule 19
No Government servant shall, except with the
previous sanction of the Government, haverecourse to any Court or to the Press for the
vindication of any official act
Append ix III – Orders regarding con tact of
Government servants w ith Foreign Nat ionals,etc.
Government servants should not stay as guests
with foreign nationals in India
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CCS (Pension) Rules Ru le 10 (1), CCS (Pens ion ) Ru les Group ‘A’ officers after retirement
not to accept any commercial
employment, within two years fromthe date of their retirement
Ti Li it F G t R f l Of
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Time Limit For Grant or Refusal Of
PermissionSl. No. Purpose for which permission is sought Time limit for grant/ refusal
of permission
1 publish a book 30 days
2 participate in a Radio Broadcast 30 days
3 Acceptance of gifts 30 days
4 immovable property transaction 30 days
5 transaction in movable property 30 days
6 transaction in immovable property outside India 60 days
7 property transaction with any foreigner 60 days
8 take recourse to any Court of Law 6 weeks
9 In the case of pensioners -
commercial appointment
60 days
GOI/ CVC/ C & AG
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GOI/ CVC/ C & AG
Guidelines / Instructions on
vigilance matters Vigi lance Angle - Only those cases in
which there is an allegation of corruption or improper motive, need be referred to theCVC
Discip l inary author i ty to info rm - aboutthe final action taken on Commission advice
Rotat ion o f staf f - specially those workingin sensitive posts should be strictly resortedto after every 2/3 years
GOI/ CVC/ C & AG
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GOI/ CVC/ C & AG
Guidelines / Instructions on
vigilance matters Den ial of LTC - to Governm ent
servants found gui lty of m isuse of
faci l i ty Non- supply of CVC‟s advice to the
del inquent is violative of p rocedu ral
safeguard Amendment to CCS (CCA) Rules, 1965